Business Torts Health General Business

Read Business Torts updates, news, and legal commentary from leading lawyers and law firms:
News & Analysis as of

Catch Me If You Can: Fake Doctor’s Application Voids Coverage for Himself But Not for Innocent Co-Insureds

Written like a blockbuster Hollywood film, the U.S. District Court in South Carolina, in Evanston Insurance Company v. Agape Senior Primary Care, et al., 2014 WL 5365679, issued a ruling October 21, 2014, in which it held...more

Ninth Circuit Holds That Provider Cannot Sue Nonsignatory Insurer for Breach of Contract

On October 10, 2014, the Ninth Circuit affirmed a grant of summary judgment in favor of Manatt client The MEGA Life and Health Insurance Company. In an unpublished memorandum opinion, the Ninth Circuit held that a health care...more

Hospital’s Extortion & Fraud Too Quick to Violate RICO

Danielle Bennion and her co-plaintiffs filed a RICO (Racketeer Influenced & Corrupt Practices Act) action alleging that Mountain View Hospital and co-defendants engaged in a plan of extortion and wire fraud for the purpose of...more

New Jersey Superior Court Appellate Division rules that physicians’ damages for breach of contract with hospital are limited to...

The New Jersey Superior Court Appellate Division recently ruled that the damages a physician-independent contractor can recover are limited to those sustained during a notice period in the physician’s contract. The decision...more

Anti-Kickback and Stark Law Violations Form Basis for Unfair Competition Claims

On June 16, 2014, a federal district court jury in Florida awarded $14.755 million to plaintiff Ameritox, Ltd., a Maryland-based clinical lab, for state law claims alleging tortious interference with business relationships...more

Alabama Confirms Arbitrators’ Grant of Judgment As A Matter of Law

Just as SCOTUS held its nose and confirmed an arbitration award it thought stunk in Sutter, the Supreme Court of Alabama has confirmed an arbitration award made after only the claimant presented evidence and grounded in a...more

Questioning The Caremark Standard

The Justice Department’s aggressive enforcement program has had a profound impact on corporate governance. As a consequence, the last there has been a significant change in emphasis in the C-Suite, among general counsel and...more

Kentucky Hospital Pays $41 Million To Settle Fraud Charges

Yesterday Kentucky’s largest hospital, King’s Daughters Medical Center, in Ashland, announced its agreement to pay $40.9 million to settle charges that it committed Medicare and Medicaid fraud by billing for coronary...more

New York AG Action Targets Out-Of-State Retail Installment Obligation Finance Companies

On April 30, New York Attorney General (AG) Eric Schneiderman announced that four out-of-state companies alleged to have financed retail installment obligations (RIOs) at rates in excess of the state’s usury cap agreed to...more

Top franchise cases of 2013

1. In Hanley v. Doctors Express Franchising, LLC, a former franchisee of the Doctors Express franchise system sued Doctors Express, the franchisor, and Rhino 7, a broker involved in the franchise sale, asserting that the...more

TransCardiac's State Court Complaint Avoids Raising Federal Question

Judge Totenberg remanded the case brought by TransCardiac Therapeutics, Inc. (“TransCardiac”), against Ajit Yoganathan, Ph.D, Jorge H. Jiminez, Ph.D., Vinod H. Thourani, M.D., Emory University, Georgia Tech Research...more

PA Court Holds Coverage is Barred Under Professional Liability Policy for False Claim Act Lawsuit Costs

On July 16, 2013, the Pennsylvania Court of Common Pleas (Philadelphia County) granted summary judgment in favor of ACE American Insurance Company, holding that costs arising from False Claims Act Litigation were excluded...more

Peer Review "Interference" Alleged as Tortious Interference with Contract

Many sham peer review cases are based upon breach of contract in states in which the medical staff bylaws are treated as contracts between the hospital and/or medical staff and the individual physicians. Typically, the cause...more

French Autorité de la Concurrence Fines Sanofi €40.6 Million for Denigrating Competing Generics"

On May 14, 2013, the French Autorité de la Concurrence (Autorité) issued a decision imposing a fine of €40.6 million on French company Sanofi-Aventis France (Sanofi) for an abuse of dominance in the market for the...more

Data Privacy And Protection Efforts Start With A Company Policy, But Don’t End There

If your company has a data privacy policy in place, make sure you live up to its provisions. Failure to do so makes it more likely that the Federal Trade Commission (“FTC”) will pursue an enforcement action against the...more

Constant Email Access Increases Employee Stress

Five days away from email equals less stress. This may sound obvious, but that was the conclusion of a recent study that took away email from thirteen civilian workers at an Army facility outside Boston, according to a...more

Los Angeles Battle Over Owens Lake Dust Mitigation Costs Boils Over

There’s a dust up occurring between the City of Los Angeles and the Great Basin Unified Air Pollution Control District (“Great Basin”). What’s the dust up about? Dust! Yes, even something as naturally occurring and...more

Eleventh Circuit Holds Monetary Damages Caused by Identity Theft Present a Cognizable Injury

Recently, the U.S. Court of Appeals for the Eleventh Circuit, in a case of first impression, held that the named plaintiffs in a putative class action could pursue their claims for monetary loss from a health care company...more

Healthcare Law Results In Refunds To California Employers

The Affordable Care Act, signed into law by President Obama in 2010, has various provisions that kick in starting this year. One provision requires that insurance companies spend a certain percentage of health insurance...more

Health Care Enforcement: 2012 Trends Quarterly Review — Part IV in a Continuing Series on Health Care Enforcement

Introduction Mintz Levin’s Health Care Fraud Enforcement Defense group has published a series of “Year in Review” articles discussing its observations about health care fraud enforcement trends in 2011 and its opinions...more

Specificity Required: Pleading Requirements Not Met for Medical Providers Pursuing ERISA Benefits Via Their Patient's Assignment

Medical providers must specifically allege the medical plans, the terms breached, and the assignment when pursuing benefits by assignment from their patients under Employee Retirement Income Security Act of 1974 (ERISA). In...more

Festus Dada, M.D. v. Kali P. Chaudhuri et al.

Complaint for Fraud, Conversion, Breach of Fiduciary Duty

Dr. Festus Dada alleges herein that Dr. Kali P. Chaudhuri, William Thomas, and others conspired to deprive him of his ownership interest in Temecula Valley Physicians Medical Group. The complaint further alleges that...more

Prime Partners of Temecula, Inc. v. Kali P. Chaudhuri et al.

Complaint for Fraud, Racketeering and Corruption

Filed Oct. 31 in Riverside County Superior Court, the lawsuit alleges that Dr. Kali P. Chaudhuri, who is a majority stakeholder in the Integrated HealthCare Holdings, Inc. (IHHI), which owns the Western Medical Centers of...more

10 Things You Need to Know: The New Canada Consumer Product Safety Act

The CCPSA substantially revises the existing legal scheme in Canada for "consumer products". There are important implications for those who import, manufacture and sell products in Canada. Do you have operations in...more

Common Fatal Mistakes in Doctor's Disabilty Claims - Asset Protection

One form of insurance protects one of your most valuable assets, your income, in the form of disability insurance. One of the legal professionals on my short list of regular resources is Attorney Edward Comitz, the guy I call...more

26 Results
|
View per page
Page: of 2

Follow Business Torts Updates on: